Case law

Moore v. Board of Education of the City of Chicago

2016 IL App (1st) 133148 · Appellate Court of Illinois · Aug 29, 2016

or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” … It is well established that issues raised for the first time on appeal and not previously raised in the trial court are waived or forfeited. Haudrich v.

In Interest of MP

297 Ill. App. 3d 972 · Appellate Court of Illinois · Jun 30, 1998

Fields, 570 So.2d 20 (1990) (expert testimony established that there is a possibility of scar formation after tattoo removal); and Stephenson v. … Defendant argues that the trial court neither established what type of tattoos would qualify as "gang related" tattoos nor did the court ever indicate that defendant's tattoos, if there were any, had any connection to the

Young v. Board of Trustees of the Police Pension Fund

57 Ill. App. 3d 689 · Appellate Court of Illinois · Feb 21, 1978

This paragraph shall not be construed to make ineligible a person reappointed to the police force after his 36th birthday, provided he is otherwise qualified, and at the time of his first such appointment was either a participant … For all of these reasons we think that plaintiff was clearly ineligible to participate in the pension fund.

People v. Reeves

47 Ill. App. 3d 406 · Appellate Court of Illinois · Apr 4, 1977

The trial court, sitting as trier of fact, concluded that the evidence did not establish the justification of self-defense and found her guilty of murder. … Smith, 404 Ill. 350 , 88 N.E.2d 834 ), and that a physical beating may qualify as such conduct that could cause great bodily harm. People v. Dowdy, 21 Ill. App. 3d 821 , 316 N.E.2d 33 ; People v. Baker, 31 Ill.

Lorenz v. Pledge

2014 IL App (3d) 130137 · Appellate Court of Illinois · Jul 11, 2014

The evidence at trial clearly establishes that defendants' motion for summary judgment should have been granted. … Regardless, this deputy did what any reasonably qualified and conscientious police officer would have done faced with the same situation.

White v. City of Aurora

Appellate Court of Illinois · Jul 30, 2001

Conversely, the Board contends that the issue presented is a mixed question of fact and law and that its decision must be upheld unless it is clearly erroneous. We agree with White. … Under the dissent's interpretation of the Code, all officers injured while on duty would qualify for the line of duty benefit. This view is not supported by the Code or case law.

GREEN BY FRITZ v. Jackson

289 Ill. App. 3d 1001 · Appellate Court of Illinois · Jun 30, 1997

(4) establish procedures for training security guards; (5) supervise Edgar Jackson; (6) investigate whether Jackson was qualified to be a security guard; and (7) prohibit Jackson from working without a uniform while carrying … This erroneous instruction clearly resulted in prejudice to the plaintiffs.

Bruni v. Department of Registration & Education

8 Ill. App. 3d 321 · Appellate Court of Illinois · Oct 31, 1972

the term, “felony,” to the extent that it qualified the term, “abortion,” manifested an intent to vest the former with extraterritorial breadth. … It is the Illinois General Assembly which is responsible for establishing the qualifications for medical practitioners in Illinois.

Alexander v. Illinois Fair Employment Practices Commission

83 Ill. App. 3d 388 · Appellate Court of Illinois · Apr 25, 1980

Plaintiff and FEPC assert that in a case brought for retaliatory discharge under section 3 of the Fair Employment Practices Act, the employee may establish a prima facie case Tby? … As applied in those cases, the first premise was that the complainant be a member of a racial minority and that the complainant be rejected for employment in a job for which he was qualified.

People v. Pierce

223 Ill. App. 3d 423 · Appellate Court of Illinois · Jan 24, 1992

Such abilities clearly surpass those of the defendant in Bernasco. … But, the prosecutor then qualified his statement by saying, “[u]nfortunately our system does not allow us that opportunity.”

Department of Central Management Services v. Illinois Labor Relations Board

2012 IL App (4th) 110356 · Appellate Court of Illinois · Dec 11, 2012

Accordingly, the Board’s finding Kondelis failed to qualify as a managerial employee under the application of the considerations in SENA is not clearly erroneous. ¶ 23 C. … If an employee meets the requirements established in any one of the tests, the employee is a confidential employee for purposes of the Labor Act. AFSCME, 153 Ill. 2d at 523, 607 N.E.2d at 189.

Taylor v. the Carborundum Co.

107 Ill. App. 2d 12 · Appellate Court of Illinois · Feb 20, 1969

To prove the grinding wheel defective, the plaintiffs called as an expert witness a qualified chemist. … It was established that the speed of the 4K model was 4,600 rpm and that a label on the machine warned that it was not to be used with vitrified wheels more than seven inches in diameter.

Starck v. Saul Ewing Arnstein & Lehr, LLP

2022 IL App (1st) 210680-U · Appellate Court of Illinois · Dec 30, 2022

During this time, Skip recognized his visitors -2- No. 1-21-0680 but “was not able to converse clearly” with them. … If the will is not challenged within this time period, “the validity of the will is established for all purposes.” Id.

In Re Estate of Malloy

96 Ill. App. 3d 1020 · Appellate Court of Illinois · May 22, 1981

Clearly, these statutory reporting provisions although procedural (In re Estate of Mackey (1980), 85 Ill. App. 3d 235 , 406 N.E.2d 226 ) are not jurisdictional. … In light of the evidence adduced at trial, the court’s finding that appellant was a disabled person was clearly not against the manifest weight of the evidence.

People v. Lewis

240 Ill. App. 3d 463 · Appellate Court of Illinois · Oct 23, 1992

Applying these principles to the evidence presented here, we find sufficient evidence to establish that Lovie Johnson was an accomplice to the murder of Venus Handley. … These circumstances clearly provide probable cause to indict Lovie for Venus’ murder. See People v. Montes (1989), 192 Ill.

EPA v. Pollution Control Board

Appellate Court of Illinois · Nov 19, 1999

If Swenson emitted less than 25 tons of VOM per year, it would qualify for an exemption from the emissions limitation. 35 Ill. Adm. Code §215.206 (1996). … Illinois State Labor Relations Board , 181 Ill. 2d 191, 204-05 (1998) (holding that when an administrative agency's decision was a mixed question of fact and law, a reviewing court should apply a "clearly erroneous" standard

Hicks v. City of O'Fallon

2019 IL App (5th) 180397 · Appellate Court of Illinois · Aug 29, 2019

Tort Immunity Act) (745 ILCS 10/8-101(a) (West 2016)). … The City argued that Hicks’s argument had “absolutely no merit” because the Illinois General 3 Assembly clearly delineated section 8-101(b) of the Tort Immunity Act to

Midwest Physician Group, Ltd. v. Department of Revenue

304 Ill. App. 3d 939 · Appellate Court of Illinois · Apr 28, 1999

At a hearing on MPG’s complaint on September 17, 1997, MPG argued that the property qualified for a charitable exemption under the six Korzen guideline factors. … MPG’s use of its property was much different than that of the property in Lorenz; the record here clearly shows that MPG’s property was primarily used for MPG.

Amman Food & Liquor, Inc. v. Heritage Insurance

65 Ill. App. 3d 140 · Appellate Court of Illinois · Oct 23, 1978

Such a distinction is clearly workable at its extremes. … Accordingly, such dissolved corporations themselves must represent their own interests by qualifying for reinstatement.

Chapman, Mazza, Aiello, Inc. v. Ace Lumber & Construction Co.

83 Ill. App. 2d 320 · Appellate Court of Illinois · Jun 13, 1967

Had it possessed the inherent power to render the particular decree in question, its decree would have been immune from collateral attack, no matter how erroneous it may have been. … Where parts of a decree are clearly separable, only that part which is in excess of the authority granted to the court is void; and the remainder is valid. People v.